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Aja Nasya Vs. Karimbaksh Sarkar and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in46Ind.Cas.816
AppellantAja Nasya
RespondentKarimbaksh Sarkar and ors.
Excerpt:
remand, order of, by high court - decree after remand by lower court--appeal--appellant, whether can challenge remand order. - 1. this appeal must stand dismissed. the case has been before this court on a former occasion. on that occasion a remand was made and the questions to be decided by the lower court on remand were definitely laid down. it is no use for the appellant now to try to challenge the remand order. we must take the order as it stands. on remand, the learned judge of the lower appellate court has come to conclusions of fact which are fatal to the plaintiff's case. in that view, we must dismiss the present appeal with costs.
Judgment:

1. This appeal must stand dismissed. The case has been before this Court on a former occasion. On that occasion a remand was made and the questions to be decided by the lower Court on remand were definitely laid down. It is no use for the appellant now to try to challenge the remand order. We must take the order as it stands. On remand, the learned Judge of the lower Appellate Court has come to conclusions of fact which are fatal to the plaintiff's case. In that view, we must dismiss the present appeal with costs.


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